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Complaint Details
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Initial Complaint
10/20/2022
- Complaint Type:
- Order Issues
- Status:
- Answered
10/18/2022 I have paid the business $19,064.00 Mr. ****** is in Breach of Contract for: * Not obtaining the proper permits * Removing my old deck without the required permit * Not cleaning up the area after removing the old deck * Leaving the property in an unsafe condition * Requiring more money to be paid to him than the amount of money allowed by the Home Improvement Complaints * Not providing the proper drawings as stated in the contract * Giving false information to try to overcharge for the price of work outside of the contract but needed to be done before the deck can be built. * Walking out on an unfinished job Complaints * Damaged my retainer wall * Offered me a settlement to get out of the contract * Has temporally shut down my supplemental income of boarding dogs by walking away from the job without putting the secure dog fencing back up. * Gave me an offer to let him out of the contract and then took it off the tableBusiness response
01/06/2023
Business Response /* (1000, 25, 2023/01/06) */ To whom it may concern, On 8/7/22, myself Nikolas ****** and sole owner of AA Exteriors LLC entered into a contract with Cynthia J ***** for a new deck and demolition of her old deck for a total cost of $28,596.00. We have prewritten contracts that state that the contractor provides all permits and inspections, so I explained to Ms. Cynthia that if she wanted us to pull her permit, we charge for it, and she said she would get her own permit because her son is a contractor and she wanted to save the money. Also, I explained to her that once I remove her old deck, her rim joist would need to be replaced and our cost would be an additional $2,500.00 and this is stated in the contract. I received the first draw of $9,532.00 with no estimated time frame because of another construction project she needed to have completed by another contractor. During the project she had being done by the other contractor, she asked me to be proactive while we wait and order her materials for her deck job. At her request, I did order the special-order materials that she wanted for a total of $10,771.68. I explained to her that the materials exceeded her first draw and needed to take a second draw, which she agreed to giving us the second draw of $9,532.00. When the materials came in, I notified Ms. Cynthia that they were in at the lumber yard. Ms. Cynthia demanded that I deliver her materials to her home and store them in her shed around 1/4 of a mile down her driveway. I explained to Ms. Cynthia that delivering her materials before starting her job would mean it would cost me extra time and labor, but she rudely, demanded that I do it anyways. Therefore, I picked up the materials and payed for someone to help me take them to her shed. Ms. Cynthia met us at her shed and made sure the materials were secure and locked up. The next time I heard from Ms. Cynthia was the second week of October to plan the demolition of her old deck. I asked Ms. Cynthia if she got her building permit and she told me that she had it. Then on 10/22/22, I went to her home and completed the demolition of her old deck. After the demo was complete, I showed her that her rim joist was too damaged to connect her new deck to it, which she agreed. She gave me the third draw of $4,766.00, which I never cashed, leaving her remaining balance at $4,766.00, which I never received. I called her later that day to discuss the plan of us starting the build of her new deck and asked her if she had her building permit posted and told me she didn't get one. I told her we can't start building her deck without a building permit. She told me that no one will know because she lives deep in the woods. I told her that I am legally not allowed and will not start building her new deck without a permit! She then said, she was going to hire another contractor to replace her rim joist for cheaper cost and I explained to her that this is not okay and that doing so would void her warranty. I also explained that we agreed on the price and the terms of the contract, but she didn't care and refused to allow me to replace it! Then Ms. Cynthia threatened to give me bad reviews and started cursing at me. I told her that she was making me uncomfortable and I think it would be better if I back out of the contract, give her a refund, and go our separate ways. Ms. Cynthia continued threatening my company and I stating that she would give us bad reviews on every social media platform possible and was speaking bad about my relationship with my wife, whom she has never met. Later that day, Ms. Cynthia apologized by text stating, she would get my business license taking away if I don't finish her job and that I'm not allowed to back out of our contract. I later spoke with the home commission, which they explained that I was within my legal rights to back out of our contract. After her latest threats, we spoke again about me wanting to refund her, which I proposed to only charge her $2000.00 for everything I have done so far. $1,500.00 for the demo for her deck which is the going rate to demo a deck that size and $500.00 for ordering her materials, stacking the materials in her shed, and the commute, which is extremely fair. I never cashed the last check (third draw) that I received from Ms. Cynthia for $4,766.00. Therefore, after the second draw totaled to the amount of $19,064.00: minus the materials in her shed that cost $10,771.68 is a difference of $8,293.00 , minus the $2000.00 for her demolition and time stacking her materials in her shed leaves a difference of $6,293.00. I have tried reaching out to her on numerous occasions about meeting up to give her the refund of $6,923.00, but refuses to accept and she stated she will not pay me for her demo and my time/labor. I explained to her that I have to pay my crew. Since I have backed out of the contract, she has been harassing me and leaving me bad reviews on my business page, BBB, social media, etc. I just want to give her a refund and part ways. Ms. Cynthia also informed me that she has sued other contractors in the past and they always lose! I saved all her text messages as proof to back up what I'm writing is true. Ms. Cynthia claims that I will not give her a refund when I have attempted on four occasions. She also claims that I left her job in a unsafe work manner. That is because we demoed her deck after she stated she was getting a building permit. At this point, I told her I can't continue work until a building permit was posted. I cannot work for someone under these conditions. My company takes pride in our work and time to make each and every customer happy! I will not allow someone to bully and threaten my company into doing a job illegally for anyone! I have Ms. Cynthia's refund and would love to be able to give it back to her ASAP, but at this point we would not feel comfortable meeting her. We would like it if we could send it to her by certified mail. If anyone has any questions or would like documentation of her texts, please contact myself Nikolas ******, Owner of AA Exteriors LLC. @ (XXX)XXX-XXXX Sincerely, Nikolas ******
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Customer Complaints Summary
1 total complaints in the last 3 years.
0 complaints closed in the last 12 months.